34 



THE FLORAL WORLD AND GARDEN GUIDE. 



aud manafiicture, they become part of the 

 freehold. Sometimas aa erection is half 

 moveable and half not. Thus a tenant 

 who had sunk a stone foundation into the 

 soil and on it (secured by moveable pins) j 

 had placed a barn, was allowed, upon the 

 expiration of his lease, to take away his 

 barn, bat not the building upon which it 

 rested. Again, there are things which are 

 fixtures, removeable with some persons and 

 not with others. Thus a gentleman who 

 builds a conservatory against his house, 

 and plants trees and shrubs in his garden, 

 may not pull down the one nor dispose of 

 the other, but a nurseryman who does the 

 same thing to a far greater extent may re- 

 move and sell his stock, though growing 

 in the earth, and also the erections he has 

 made for the purposes of his trade. 



Those things which are necessary p^rts 

 of fixtures, and in the absence of which 

 that to which they belong, is deprived of 

 its use and value, are, though frequently 

 completely severed from the freehold, fix- 

 tures in themselves. Thus, keys of locks 

 fastened in doors, etc., are fixtures. 



2. Fixturesfor Agricultural Purposes. — 

 The law relative to these is contained in the 

 statute 14 and 15 Vict. c. 25, s. 3, by which 

 it is enacted, " That if any tenant of a farm 

 or land shall, after the passing of this Act, 

 with the consent, in writing, of the land- 

 lord for the time being, at his own cost and 

 expense, erect any farm-building, either 

 detached or otherwise, or put up any other 

 building, engine, or machinery, either for 

 agricultural purposes, or for the purpose of 

 trade and agriculture (which shall nothave 

 been erected or put up in pursuance of some 

 obligation in that behalf), then all such 

 buildings, engines, and raachiuerj', shall be 

 the property of the tenant, and shall be re- 

 moveable by him, notwithstanding that the 

 same may consist of separate buildings, or 

 that the same, or any part thereof, may be 

 built in, or permanently 'affixed to the soil; 

 30 that the tenant, in making such removal, 

 do not in anywise injure the land or build- 

 ings belonging to the landlord, or other- 

 wise do put the same in like plight and 

 condition, or as good plight and condition, 

 as the same were in before the erection of 

 anything so removed. Provided, never- 

 theless, that no tenant shall, under the pro- 

 vision last aforesaid, be entitled to remove 

 any such matter or thing aforesaid, without 

 giving to the landlord or his agent one 

 month's previous notice, in writing, of his 

 intention so to do, and thereupon it shall 

 be lawful for the landlord, or his agent on 

 his authority, to elect, to purchase the mat- 

 ters or things so proposed to be removed, 

 or any of them, and the right to remove J 



the same shall thereby cease, and the same 

 shall belong to the landlord ; and the value 

 thereof shall be ascertained and determined 

 by two referees, one to be chosen by each 

 party, or by an umpire to be named by such 

 referees, and shall be paid or allowed in 

 account by the landlord, who shall have so 

 elected to purchase the same," 



3. Fixtures for the Purpose of Orna- 

 ment. — These have long been allowed to be 

 taken away by the tenant at the expira- 

 tion of his lease, but if erected as pir- 

 manent improvements, they must remain. 

 Thus, carpets, looking-glasses, book-cases, 

 window-sashes, that are neither hung nor 

 headed into frames, but merely fastened 

 across them by laths, to prevent them 

 falling out, pumps, only slightly attached 

 to the premises, etc., belong to the tenant, 

 and may be removed. But a conservatory 

 erected on a brick foundation, affixed to and 

 communicating with rooms in a dwelling- 

 house by windows and doors, cannot be re- 

 moved. 



The following list of things that have 

 been held to be and not to be removeable, 

 I have taken from Mr. Chitty's work upon 

 the law of contract ; — 



Except by nurserymen. 



